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HomeMy WebLinkAboutR14-093 Existing Car Wash System Special Use PermitEagle County, CO 201421533 Teak J Simonton 12/15/2014 Pgs: 5 02:31:13 PM REC: $0.00 DOC: $0.00 k Commissioner CAbif-4Y2Va &-- moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2014 - O q I? APPROVAL OF A SPECIAL USE PERMIT TO RECONSTRUCT THE EXISTING CAR WASH SYSTEM, EXPAND THE CAR VACUUM AREA, REALIGN AND CONSTRUCT NEW PARKING SPACES FOR CME VANS AND ADDING FOUR ELECTRIC CAR CHARGING STATIONS AT 436 EDWARDS ACCESS ROAD FILE NO. ZS -4957 WHEREAS, on or about June 12, 2014, the County of Eagle, State of Colorado, accepted for filing an application for a Special Use Permit submitted by Edwards Station, LLC (hereinafter "Applicant ") to reconstruct the existing car wash system, expand the car vacuum area, realign and construct new parking spaces for CME vans and adding four electric car charging stations at the existing Edwards Station, located at 436 Edwards Access Road in Edwards, Colorado (the "Property" or the "Project Site "); and WHEREAS, the Applicant is proposing to expand the existing Edwards Station by .5 acres through associated Planning Files PDA -5002, ZC -5001, SMB -5000 and AFP -5019; and WHEREAS, the reconstruction of the existing car wash system, expanding the car vacuum area, realigning and constructing new parking spaces for CME vans and adding four electric car charging stations (collectively the "Special. Use ") in the Commercial General Zone District, necessitates a Special Use Permit for the proposed use; and WHEREAS, access for the Special Use is to be provided via Edwards Access Road, and water is to be supplied by Eagle River Water and Sanitation District; and WHEREAS, notice of the Special Use was given to all proper agencies and departments as required by the Eagle County Land Use Regulations (hereinafter the "ECLURs "), Section 5- 210.E; and WHEREAS, the Eagle County Planning Commission (hereinafter the "Planning Commission ") held a public hearing on the application on September 17, 2014, and the Planning t0 00 � N N 04 a o O� U o 0 E o00 U UNoc as 0 v> W O W F- ao!o Commission, based upon its findings, recommended approval with conditions of the request for a Special Use Permit; and WHEREAS, at its regular public hearing of October 21, 2014 the Eagle County Board of Commissioners (hereinafter the "Board "), approved with conditions the request for a Special Use Permit. NOW THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, the Future Land Use Map (the "FLUM ") for Eagle County, and the Eagle County Open Space Plan, as well as comments of the Eagle County Department of Community Development, comments of public officials and agencies, the recommendation of the Planning Commission, and comments from all interested parties, the Board finds as follows: That proper publication and public notice was provided as required by law for the hearings before the Planning Commission and the Board. 2. That pursuant to ECLURs Section 5 -2503 Standards for the review of a Special Use Permit: (1) Consistent with Comprehensive Plan. The proposed Special Use IS appropriate for its proposed location and IS consistent with the purposes, goals, objectives and policies of the Comprehensive Plan and FLUM, including standards for building and structural intensities and densities, and intensities of use. (2) Compatibility. The proposed Special Use IS appropriate for its proposed location and IS compatible with the character of surrounding land uses. (3) Zone District Standards. The proposed Special Use DOES comply with the standards of the zone district in which it is located and the standards applicable to the particular use, as identified in ECLURs, Section 3 -310, Review Standards Applicable to Particular Residential Agricultural and Resource Uses; specifically under Section 3 -310.P Zone Standards for Exploration, Extraction, and Processing Operations. (4) Design Minimizes Adverse Impact. The design of the proposed Special Use DOES adequately minimize adverse impacts, including visual impact of the proposed use on adjacent lands; furthermore, the proposed Special Use CAN avoid significant adverse impact on surrounding lands regarding trash, service delivery, parking and loading, odors, glare, and vibration, it CAN avoid adverse impact on surrounding lands regarding noise and traffic, and WILL NOT create a nuisance. (5) Design Minimizes Environmental Impact. The proposed Special Use WILL fully minimize environmental impacts, and WILL NOT cause significant deterioration of water and air resources, wildlife habitat, scenic, and other natural. resources. (6) Impact on Public Facilities. The proposed Special Use IS adequately served by public facilities and services such as roads, pedestrian paths, potable water and waste water facilities, parks, schools, police and fire protection, and emergency medical services. (7) Site Development Standards. It is anticipated that the proposed Special Use WILL fully comply with all applicable standards in the ECLURs, Article 4, Site Development Standards upon receiving outstanding subdivision and access approvals. (8) Other Provisions. The proposed Special Use DOES comply with all standards imposed on it by all other applicable provisions of the ECLURs for use, layout, and general development characteristics. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of the County of Eagle, State of Colorado: THAT the Special Use Permit application to reconstruct the existing car wash system, expand the car vacuum area, realign and construct new parking spaces for CME vans and adding four electric car charging stations at Edwards Station, located at 436 Edwards Access Road, in the unincorporated area of Eagle County described herein be approved, subject to the following conditions, and that violation of any condition shall be the basis for revocation of the Special Use Permit: 1. Except as otherwise modified by this development permit, all material representations made by the Applicant in this application and in public meeting shall be adhered to and considered conditions of approval. 2. All uses (special and by -right) approved by this Special Use Permit shall be subject to all applicable Site Development Standards of the ECLUR; including but not limited to, Division 4 -3 (Sign Regulations) and Division 4 -5 (Commercial and Industrial Performance Standards) of the Eagle County Land Use Regulations. 3. The term of this Special Use Permit as it relates to each of the respective special uses — four electric car charging stations, commercial van parking facility, food and beverage drive -thru facility, employee housing, convenience store, six fueling islands, and public oil/lube facility - shall be for the life of the active use of the Property as respectively, four electric car charging stations, a commercial van parking facility, food and beverage drive -thru facility, employee housing, convenience store, six fueling islands, and public oil /lube facility. Non -use as a van parking facility, food and beverage drive -thru facility, employee housing, convenience store, six fueling islands, or public oil /lube facility, respectively, for a continuous period of three (3) years shall be deemed an abandonment of that portion of the permit. In any event, this Special Use Permit shall immediately require amendment upon application for a building permit and/or other exercising of any "use by right" provided or in the underlying zone district applicable to the property other than the uses specifically identified in the application and site plan, specifically: public car wash facilities (three wand bays and one high -speed tunnel) two fast food facilities, office space, and mechanical bay /car wash. 4. The number of parking spaces on the Project Site for commercial transportation vans and other vehicles used for commercial transportation shall not exceed 87. 5. There shall be no commercial transportation van parking immediately north of the CME office building. 6. The total number of employee and customer parking spaces on the Project Site shall be limited to 120. THAT, this Special Use Permit shall be subject to review as provided for by the ECLURs. THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant. THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held the - -- day of December, 2014, nunc pro tunc to the 21" day of October, 2014. ATTEST: BY: Teak J. Simonton °0toaP °� Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLO- RADO, By and Through Its BOARD OF COUNTY COMMISSIONER�S� LN Sara J Fisher Commissioner By: I;A Kathy andler- Henry, Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Jillian H. Ryan Commissioner Sara J. Fisher Commissioner Kathy Chandler -Henry y ( 0 This Resolution passed by County of Eagle, State of Colorado --li- & % A-l't. vote of the Board of County Commissioner of the